New rules for UK Armed Forces

New rules for UK Armed Forces Family came into effect on 1 December 2013

The UK Home Office has announced in November 2013 that new revised rules affecting members of the HM Armed Forces and their families will come into effect on 1 December 2013. The rules are being amended in order to bring the Armed Forces family rules in line with the UK Family Immigration rules. From 1 […]

New rules for UK Armed Forces

The UK Home Office has announced in November 2013 that new revised rules affecting members of the HM Armed Forces and their families will come into effect on 1 December 2013. The rules are being amended in order to bring the Armed Forces family rules in line with the UK Family Immigration rules.

From 1 December 2013 the following rules will apply;

  • Members of the HM Forces who wish to sponsor non-EEA dependants to enter or stay in the UK will have to meet a minimum income threshold of £18,600 for a partner, £22,400 for a partner and child and £2,400 for every additional child.
  • All non-EEA partners seeking leave to enter or remain in the UK as a dependant of a HM Forces, will have to meet a basic English language requirement at A1 level of the CEFR.
  • In order to qualify for settlement in the UK, all children and non-EEA partners, who are between the ages of 18 and 64, will be required to pass the Life in the UK test, and hold an intermediate English language requirement at B1 level of the CEFR.
  • The non-EEA partners of HM Forces personnel who are granted leave will have to serve a 5-year probationary period before being able to apply for settlement.
  • There will be greater flexibility to make applications overseas, and
  • Time spent overseas on an accompanied posting will be regarded as time spent in the UK for the purpose of calculating the residence requirement for settlement.

 

The UK Home Office further said that in line with the current approach currently taken in respect of Family Migration rules, cases where the minimum income threshold is not being met, the case will be put on hold, pending the outcome of the appeal at the Courts. Please read more about this appeal elsewhere on our News page.

Please also note that transitional arrangements will apply to family members who already hold valid leave as a dependant. Special provision will also be made for persons who fall to be dealt with under the new rules due to an accompanied posting overseas which prevented them from submitting an application before 1 December 2013.

Please speak to one of our consultants for more information about the transitional arrangements and special provisions in your unique situation.

JP Breytenbach

Director of BIC, Breytenbachs Immigration Consultants Limited.

www.bic-immigration.com or info@bic-immigration.com